Legislator Case Law & Legislation
800.01 LSP CH-VD

Art. 76 Public Health Act (LSP) - Practice in a Dependent Capacity [2, 10, 13, 26, 31, 33]

Chapter VII, Section I
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Art. 76 LSP - Practice in a Dependent Capacity [2, 10, 13, 26, 31, 33] · Practice in a Dependent Capacity [2, 10, 13, 26, 31, 33]

1. The practice of the profession of physician and dentist under employment is subject to authorization by the department. The rules and conditions governing independent practice apply by analogy. When the physician holds only the federal diploma or a title deemed equivalent, they may only practice under the direct supervision of a physician authorized to practice in the same discipline.

2. Physicians holding only the federal diploma or an equivalent title are exempt from authorization when they are undergoing postgraduate training within the meaning of Article 25 of the Medical Professions Act [Z]. They must practice under the direct supervision of a physician with an authorization to practice in the same discipline.

3. The practice under employment of other health professions mentioned in this law does not require authorization. However, it requires the possession of a title recognized in Switzerland in accordance with an international agreement, federal law, or an intercantonal agreement. Articles 119 paragraph 6, 122b paragraph 2, and 122e paragraph 7 are reserved.

4. The practice under employment of a health profession within the meaning of paragraph 3 is subject to authorization when the professional assumes supervisory tasks or practices independently in a professional manner. The rules and conditions governing independent practice apply by analogy in this case.

4bis. The department may subject other health professions within the meaning of paragraph 3 to authorization.

5. The department informs employers about the evaluation of diplomas as well as on cases of prohibition of which it is aware.

6. Articles 86 and 93 are reserved.

← Art. 75a LSP - Authorization to Practice for Holders of a Diploma or a Postgraduate Title Issued by a Third State [31] Public Health Act (LSP) - Purpose of the Law Art. 76a LSP - Limitation of Practice as a Dependent Practitioner [31] →

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Court Decisions Applying This Provision (5)

GE.2020.0036 · vd (art. 76 al. 1 LSP)
Physician Dependent Practice Authorization Appeal
The court found that the lower authority wrongly disregarded the status provided by this article when deciding on the authorization request.
GE.2017.0077 · vd (Art. 76 al. 1 LSP)
Dental Surgeon Reprimanded for Misleading Fee Practices
Cited in the reasoning to establish that the rules for independent practice apply by analogy to dependent practitioners, justifying the sanction.
GE.2014.0195 · vd (art. 76 al. 3 LSP)
Physician Appeal of Conditional Practice Restoration After Conviction
Cited regarding the analogy of independent practice rules for dependent practice under certain conditions, supporting the conditions imposed in the challenged decision.
GE.2013.0226 · vd (art. 76 al. 1 LSP)
Dentist Authorization Revocation Challenge Regarding Equivalent Foreign Diploma Recognition
The court suggests that the lower authority should re-examine whether the appellant's diploma suffices for practice under this provision.
GE.2001.0123 · vd (art. 76 LSP)
Dentist Foreign Diploma Practice Authorization Refusal Upheld
The court confirmed that the contested decisions were based on a correct application of this provision regarding the types of authorization.